Teva Rejected by U.S. High Court Justice on Copaxone Patent

Nov. 13 (Bloomberg) -- A U.S. Supreme Court justice refused
to block a ruling that would open Teva Pharmaceutical Industries
Ltd.’s Copaxone multiple-sclerosis drug to generic competition
in May.

The lower court ruling invalidated one of the company’s
patents and shaved more than a year off the legal protection for
Copaxone, a treatment that generated $2.25 billion in U.S. sales
for Teva in 2011. Chief Justice John Roberts today rejected
Teva’s request to put that ruling on hold while the court
decides whether to take up Teva’s appeal.

The rebuff is a victory for the generic-drug makers
challenging the Teva patents. Those include Momenta
Pharmaceuticals Inc., which is developing a generic version with
Novartis AG’s Sandoz, and Mylan Inc., which has said it expects
to be on the market in May.

Teva, based in Petach Tikva, Israel, said in court papers
that it would suffer “irreparable injury” if the lower court
ruling remained in effect. Even if the court were to take up the
company’s appeal, review wouldn’t take place until the nine-month term that starts in October 2014, Teva said.

“Because the key Teva patent that the Federal Circuit
invalidated will expire in September 2015, proceedings on the
merits in this court could easily consume most of the remaining
life of the patent,” the company argued.

Court Calendar

The generic-drug companies said the case would have been
eligible for the court’s current calendar had Teva moved more
quickly after the July 26 appeals court decision.

Competition “would greatly benefit multiple-sclerosis
patients, who pay about $40,000 per year for Copaxone,” the
companies argued.

Multiple sclerosis causes the immune system to attack the
insulating tissue around nerve fibers. It stops nerve cells from
sending signals, sapping patients’ energy, blurring their vision
and slowly depriving them of mobility, balance and coordination.
Copaxone is an injection designed to work with the body’s immune
system to cut relapses of the disease.